LAHORE: The Lahore High Court has observed that the delay in submission of the investigation reports (challans), as required under section 173 of CrPC, due to inefficiency on the part of investigating agencies, prosecutors and other stakeholders is resulting in complete miscarriage of justice.

Justice Ali Zia Bajwa made this observation while deciding a bail petition of man who was formally indicted more than three years after his arrest in a murder case.

“It is a classic textbook case of failure of our criminal justice system and flagrant violations of the law by its main stakeholders resulting in a complete miscarriage of justice and violation of the right to be dealt with in accordance with law,” the judge writes in his 16-page judgement.

A report filed by the Camp Jail superintendent shows that the investigation reports have not been submitted before the trial courts in more than 70 per cent of the cases of the 3,900 under-trial prisoners.

The judge regrets that it seems all the state functionaries responsible for the timely submission of investigation reports were in deep slumber and completely neglected their mandatory statutory duties. He says the gloomy state of affairs also exposed the ineffective mechanism of internal accountability of police and prosecution departments.

To ensure strict adherence to the law and guidance provided by the Supreme Court, Justice Bajwa has directed the investigating agencies and the prosecution department to strictly comply with the instructions issued by the director general, directorate of district judiciary in 2021.

The judge directs the provincial secretary for prosecution to take up the matter immediately and after determining the liability of the concerned prosecutor(s) conclude the action in accordance with the law, as the matter has already been sent to him by the prosecutor general, Punjab.

The secretary prosecution has also been directed to take cognisance of the ineffectiveness and the poor performance of the Punjab Criminal Prosecution Service Inspectorate and to ensure that the law is implemented in letter and spirit for effective internal accountability of delinquents.

The judge also allowed the post-arrest bail to the petitioner, Muhammad Razzaq, on the statutory ground of delay in conclusion of trial.

Published in Dawn, September 1st, 2022